HomeMy WebLinkAboutMin - PC - 1985.09.10CITY OF BURLINGAME PLANNING COMMISSION
SEPTEMBER 10, 1985
CALL TO ORDER
A regular meeting of the Planning Commission, City of Burlingame was
called to order by Chairman Garcia on Tuesday, September 10, 1985 at
7:32 P.M.
POT.T. (AT.T.
Present: Commissioners Garcia, Graham, Jacobs, Leahy,
Schwalm, Taylor
Absent: Commissioner Giomi
Staff Present: City Planner Margaret Monroe; City Attorney Jerome
Coleman (arrived 9:10 P.M.); City Engineer Frank
Erbacher
MINUTES - The minutes of the August 26, 1985 meeting were unanimously
approved.
AGENDA - The Chair noted Item #6 had been withdrawn. Order of the
agenda was then approved.
ITEMS FOR ACTION
1. VARIANCE TO SECOND FLOOR SIDE YARD SETBACK REQUIREMENTS FOR
A PARTIALLY COMPLETED ADDITION AT 21 ARUNDEL ROAD
Reference staff report, 9/10/85, with attachments. CP Monroe reviewed
details of the request, Planning staff comments, staff review. One
condition was suggested for consideration at the public hearing.
Bruce Lubarsky, 301 Poett Road, Hillsborough, attorney representing the
applicant commented on the thorough staff report, the inadvertent city
error and his client's cooperation with staff to reach a reasonable
solution to the second floor side yard setback deficiency. He
presented a photograph which he felt would suppport the variance
request.
Chm. Garcia opened the public hearing. Ken Nocentini, 300 Bayswater
Avenue and Phil Sofos, owner of 16, 18 and 24 Arundel Road spoke in
favor. Mr. Nocentini did not believe 9" would make an appreciable
difference; the addition would be an asset to the community and it
would be very expensive to alter the construction at this time. Mr.
Sofos commented the addition would not be a detriment to the
neighborhood and would appreciate his property across the street.
The following spoke in opposition: John Calwell, 1035 Morrell Avenue;
Eugene Ersfeldt, 27 Arundel Road; Mr. and Mrs. Dominico Russo, 17
Arundel Road (adjacent property owners). Their concerns: the height of
the addition would obstruct light and air, it is extremely close to the
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Burlingame Planning Commission Minutes September 10, 1985
neighbor at 17 Arundel and has resulted in, the need for lights in both
kitchen and dining room all day; an addition of this proximity would
cause moisture on the side of the house next door and increase heating
bills; -structure is too tall and think the 9" would make a difference.
There were no further audience comments and the public hearing was
closed.
Staff advised that because of the interior design of the floor plan
moving the wall back would necessitate a variance to code required
parking dimensions. Commission comment: would prefer to grant a 9"
variance because of the placement of the house rather than give a
variance to parking dimensions; concern about unprofessional plans and
future access to the existing garage at the rear; unfortunate this
occurred but applicant did obtain a building permit, don't think 9" are
essential.
Prior to a motion this item was continued to an executive session later
in the meeting when the City Attorney would be present.
2. VARIANCE TO SIDE YARD SETBACK FOR RECONSTRUCTION OF AN
ATTACHED GARAGE AT 853 PALOMA AVENUE
Reference staff report, 9/10/85, with attachments. CP Monroe reviewed
details of the request, history of this applicant's ownership of the
site, staff review, Planning staff comment, applicant's letter. Two
conditions were suggested for consideration at the public hearing.
Discussion: location of the original garage, was there a carport
originally, two doors from the main structure will be required, this is
the only nonconformity on the site, building permits taken out for
termite repair, reroofing and dry rot repair did not indicate work to
be done to the garage.
Raj Sarna, applicant and property owner, discussed his request to
replace the existing garage in the same location, he was under the
impression the garage was part of the permit for termite work, there
was a garage and carport previously. Commission comment: possibility
of altering the new roof and removing the overhanging eave, would
prefer this solution to requiring an easement from the neighbor; need
for a property line survey. �hairman Garcja o ened the public hearing. There
were no audience comments and the earing was c ose�.
Further Commission discussion: basically the nonconformity in this
property is the same nonconformity; applicant has improved the
property; concern about the overhanging eave; garage is not in the rear
30% of the lot so is not exempt from side yard setback requirements.
C. Jacobs found there were exceptional circumstances in that the
applicant did not understand the city's requirements, the replacement
garage is in the same location as the original garage which was non-
conforming; this is an improvement to the property and to the
neighborhood; the variance would not be detrimental to the public nor
adversely affect the zoning plan of the city. C. Jacobs moved for
approval of this variance with the following conditions: (1) that the
conditions of the Fire Marshal's August 13, 1985 memo, the City
Burlingame Planning Commission Minutes
Page 3
September 10, 1985
Engineer's August 19, 1985 memo and the Chief Building Inspector's
August 30, 1985 memo shall be met; and (2) that if the survey shows any
portion of the garage or carport overhanging property line, within 60
days it shall be removed. Second C. Graham.
Comment on the motion: assume the applicant did not know he needed
another building permit, he will have to pay a penalty for this-; do not
feel the applicant has met the four legal requirements for variance
approval; there are alternatives to providing the garage which will
meet code; do not find this 3' variance a problem, the addition will be
an improvement to the property; one hour construction will be required
for any walls within 3' of property line. The Fire Marshal advised
fire access to the rear is sufficient.
Motion approved on a 5-1 roll call vote, C. Taylor dissenting, C. Giomi
absent. Appeal procedures were advised.
Recess 8:20 P.M.; reconvene 8:30 P.M.
3. SPECIAL PERMIT FOR AN INSURANCE REPLACEMENT AUTO RENTAL AGENCY
TO OPERATE FROM AN OFFICE BUILDING AT 851 BURLWAY ROAD, ZONED M-1
(CONTINUED FROM 8/26/85
Reference staff reports 9/10/85 and 8/26/85 with attachments. CP
Monroe reviewed details of the request, staff review, Planning staff
comment, fleet size, applicant's letter, building manager's letter.
Six conditions were suggested for consideration at the public hearing.
Discussion: it was noted building management of 851 Burlway has
authorized four parking spaces to this applicant; staff advised that
based on current code the building does not meet the city's parking
standards.
Roy Santos, office manager representing Brian Cochran, district
manager, Amerex Rent-A-Car addressed Commission: they have been
operating from this site for a year, have received no complaints from
tenants of the building; most cars are delivered to several body shops
in the bay area, they are left there and are not brought back to the
office site; Amerex uses three on-site parking spaces per day at the
most; this office is used only as a reservation and dispatch center.
Chm. Garcia opened the public hearing. There were no audience comments
and the hearing was closed.
Responding to Commission question, applicant stated they could not
conform to the condition requiring all lease agreements be written in
the City of Burlingame; regarding limitation of the fleet size to 25,
he could see no reason why they should be limited to 25 since even with
a 90 car fleet most cars would not be in the parking lot. Staff
advised 25 was an arbitrary number, since these permits run with the
land it is a control on the volume of this and future businesses. In
further explanation of the business, Mr. Santos stated they have 37
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Burlingame Planning Commission Minutes September 10, 1985
cars at present, they have had 45 in the past, all are dispatched and
do not come to the site, they go from one shop to another; this
business is insurance replacement, customers are met at the body shops.
He reconfirmed they could not meet the conditions regarding fleet size
and writing of lease agrements in the City of Burlingame. They have
national accounts and bills go out from the corporate offices in Ohio.
Commission comment: think the applicant should investigate the
possibility of writing all contracts in Burlingame; concern that a
future use could be any type of car rental agency; not so concerned
about this use as about the long range impact of this use, a regular
car rental agency could generate parking problems; think Commission
should limit the use to this particular use. Staff advised a special
permit cannot be conditioned to a specific busines/person,
consideration this evening is clearly a special permit determination.
Mr. Santos stated he could not make a decision on the conditions of
operation. C. Taylor moved to continue this item to the meeting of
September 23, 1985. Second C. Schwalm; motion approved on unanimous
voice vote. Commission requested a representative be present at the
next meeting who could act for the company.
4. SPECIAL PERMIT TO ALLOW A 50 SF SATELLITE DISH ANTENNA TO REMAIN
ON A RESIDENTIAL LOT AT 808 EDGEHILL DRIVE
Reference staff report, 9/10/85, with attachments. CP Monroe reviewed
details of the request, staff review, study meeting questions. Two
conditions were suggested for consideration at the public hearing. It
was noted complaints had been received about this installation and it
was before Commission as a code enforcement item.
Bruce Kreger, attorney representing Servamatic Inc. and Earl Nichols,
their national installation supervisor were present. Mr. Kreger stated
that those people who would normally be involved in this application
did not learn about it until today, most of the contacts have been
through the branch office or subcontractor; there have been personnel
changes recently in the branch office. He requested a continuance to
the next Commission meeting in order to address the questions and
issues which were raised in staff's August 19, 1985 letter. He advised
Mr. Nichols planned to inspect the site tomorrow; the company is just
starting this business, normally they have procedures for permits; the
project manager for this application is no longer with the company,
their corporate offices are in San Ramon.
C. Jacobs moved to continue this item to the meeting of September 23,
1985. Second C. Graham; motion approved unanimously on voice vote.
5. SPECIAL PERMIT FOR A MOBILE RADIO -TELEPHONE SYSTEM STATION AND
ANTENNAE AT 1350 BAYSHORE HIGHWAY, ZONED C-4
Reference staff report, 9/10/85, with attachments. CP Monroe reviewed
details of the request, staff review, applicant's description of the
Burlingame Planning Commission Minutes
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September 10, 1985
system, study meeting questions. Four conditions were suggested for
consideration at the public hearing.
Commission questions: what space is applicant occupying in this
building which gives them the use of the roof; will basement storage
area have waterproof doors; how visible are the antennas. Engineering
will not allow the basement area to be used as a habitable floor.
Monica Zorovich, Whisler-Patri and John Kelly, operations manager, GTE
Mobilnet were present. Ms. Zorovich advised GTE Mobilnet is a
subsidiary of GTE. Mr. Kelly discussed this proposed installation: the
height; support pole and screen will be painted the same color as the
structure they will be mounted on, they will blend with the building;
they need certain heights to cover the area for this cellular mobile
telephone service. They prefer to install on a building since then
they do not have to construct a tower themselves; this system is
currently in use at the -airport, they have not received complaints.
Chm. Garcia opened the public hearing. There were no audience comments
and the hearing was closed.
C. Schwalm moved for approval of this special permit and for adoption
of Commission Resolution Approving Special Permits with the following
conditions: (1) that the conditions of the Fire Marshal's memo of
August 13, 1985 and the City Engineer's memo of August 19, 1985 shall
be met; (2) that the equipment room in the basement shall not be
visited more often than once every 40 days and the employee doing the
service shall not stay.at/in the room for more than four hours and no
employee shall have a desk or other office anywhere on the premises of
the storage basement; (3) that the applicant shall provide to the city
a clearance from the FAA showing that the antennae are not a hazard to
aviation and do not require hazard or other lights; and (4) that a
letter from both the FCC and the San Francisco International Airport
shall be submitted stating that the frequency being used in this
cellular system is approved and not a hazard to the operation of San
Francisco International Airport. Second C. Graham; motion approved on
a 6-0 roll call vote, C. Giomi absent. Appeal procedures were
advised.
6. SPECIAL PERMIT - COURIER OPERATION - 1722 GILBRETH ROAD
Application withdrawn.
Following the arrival of the City Attorney a recess to executive
session was called by the Chair at 9:30 P.M. The meeting reconvened at
9:40 P.M. to continue Item #1, Variance at 21 Arundel Road.
1. VARIANCE FROM MINIMUM SIDE YARD REQUIREMENTS - 21 ARUNDEL ROAD
C. Jacobs found there were exceptional circumstances in this lot that
is only 45' wide; that given the placement and floor plan of the
original house, providing the required off-street covered parking to
Burlingame Planning Commission Minutes
Page 6
September 10, 1985
code dimensions would result in substantial modification to the
interior design of the existing structure if a 5' setback were
maintained at ground level; that setting back the second floor 9" would
add substantially to the cost of the addition; that the variance would
not be"detrimental to the neighborhood and it would not adversely
affect the zoning plan of the city.
C. Jacobs moved for approval of this variance with the following
condition: (1) that the project as built be consistent with the plans
submitted to the Planning Department and date stamped September 3,
1985. Second C. Graham. In comment on the motion a second condition
was suggested: (2) that there be a door at the rear of the new garage
to provide access to the existing garage at the rear. C. Jacobs
amended her motion to include condition #2, C. Graham amended his
second. Motion approved on a 6-0 roll call vote, C. Giomi absent.
Appeal procedures were advised.
7. THREE VARIANCES TO ALLOW CONVERSION OF AN EXISTING WAREHOUSE TO
AN OFFICE/AUTO RETAIL CENTER AT 1070 BROADWAY, ZONED M-1
8. THREE SPECIAL PERMITS TO ALLOW CONVERSION OF AN EXISTING WAREHOUSE
TO AN OFFICE/AUTO RETAIL CENTER AT 1070 BROADWAY, ZONED M-1
Reference staff report, 9/10/85, with attachments. C. Taylor excused
himself from review of this item because of conflict of interest and
left the podium. CP Monroe reviewed details of the request,
environmental review, staff review, circulation and access issues,
applicant's letter, study meeting questions, new alignment of the
Broadway/California intersection, new traffic counts of California/
Broadway intersection. Eleven conditions were suggested for
consideration at the public hearing. CE's condition to prohibit
traffic crossing Broadway from Carolan to the site was noted.
Michael R. Harvey, applicant; Joe Harvey, contractor and Richard
Hopper, traffic engineer were present. Chm. Garcia opened the public
hearing. Alan Horn, 1325 Paloma Avenue and John Calwell, 1035 Morrell
Avenue spoke in favor: no objection to the height, would like to see
this building remodeled and the neighborhood improved. Nicholas
Crisafi, 1241 Whitethorn Way commented he had no objection to the
structure but expressed concern about increased traffic at the Broadway
intersection which is extremely congested at present. There were no
other audience comments and the public hearing was closed.
Commission discussion/comment: think the structure will improve this
entrance to the city, landscaping is a concern, would like to screen
the parking garage as seen from California Drive and along the railroad
tracks; regarding traffic circulation, "no left turn" signs are
violated daily, would prefer to place a barrier there; barriers will
not stop left hand turns and they often get torn down, would not like
to see the left hand turn from Carolan onto Broadway eliminated; from
experience have found right hand turns from Broadway to California are
no problem, that is the only lane that moves; the existing structure
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Burlingame Planning Commission Minutes September 10, 1985
is an eyesore, project will give life to that area; since at the
present time applicant cannot provide a second means of egress, either
a barrier or traffic light seems necessary; would be in favor of trying
a barrier and if it doesn't work put in a traffic signal; not sure
applicant should be required to pay the entire cost of a signal.
CE wished to reword condition #6 to leave it up to the Public Works
Department and City Engineer to determine what regulation is necessary
for traffic circulation, giving staff flexibility. A Commissioner
commented the EIR determined this project would only increase traffic
1%, would suggest the CE determine what should be done at the
intersection. Another felt Commission should make a decision on the
facts available now and not leave it to some future indefinite date,
she stated she could not vote for this project without a barrier,
another light might not be the answer. The CE did not want to make any
recommendation at this time without reworking the California/Broadway
intersection. Applicant commented a barrier could curtail the project
and/or eliminate it, it would restrict his employees and customers. A
Commissioner suggested condition #6 state "signalization will be
installed as soon as possible".
Richard Hopper, traffic engineer, responding to Commission questions,
stated that a signal would work very effectively here; a third signal
would have to be coordinated with those at Rollins and Broadway to work
as one signal; if turns are to be prohibited at an intersection the
only way it can be done properly is by a barrier, signs do not prohibit
the movement; strict enforcement might work but it is a lot of time and
money. He did not recommend a barrier be put in unless there is a
second access; U turns take a lot of time and they would affect the
Rollins intersection.
Continued discussion: with elimination of second access and a barrier,
the only option left is a light; think Commission should recommend
signalization. Applicant commented: no project means no intersection
changes for the city; there could be increased traffic with some new
use and the city would have to pay for the signalization; he requested
some consideration with respect to the cost of signalization since he
was also required to pay a bayfront development fee.
Further comment: signing and restriping for right turns in and out
could be done by the opening date of this business; approximate cost of
signal would be $70-75,000. Does Commission have to solve this whole
circulation problem with this project when the EIR shows there will be
only 1% increase in traffic? Applicant did not feel he should be
required to pay for signalization, the street is not his
responsibility and city will benefit from his business.
Responding to Commission question, Mr. Harvey enumerated the suggested
conditions he could not live with: conditions 1-5 of the CE's August
27, 1985 memo (responsibility for all costs of Public Works
improvements) and conditions #6 and #7 in the CP's staff report.
Regarding implementation of TSM strategies (condition 7) he felt
something could be worked out like flexible hours, did not volunteer a
coordinator.
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Burlingame Planning Commission Minutes September 10, 1985
C. Graham moved for approval of the three special permits (to allow an
auto sales use in the M-1 district, to allow construction which exceeds
35' in height and to allow office area to exceed 20% of the gross floor
area), eliminating reference to the CE's August 27, 1985 memo and
deleting conditions #6 and #7 in the staff report and for adoption of
Commission Resolution Approving Special Permits and Variances. Second
C. Schwalm. During discussion on the motion a condition was added to
require that the applicant pay a share of the cost of Public Works
improvements at the Carolan/Broadway intersection. C. Graham amended
his motion; C. Schwalm amended his second. Conditions of the motion
for approval follow:
1. that the conditions of the Fire Marshal's July 19, 1985 memo and
the Chief Building Inspector's August 2, 1985 memo shall be met;
2. that the project as built shall be consistent with the plans
submitted to the Planning Department and date stamped July 17, 1985
for the parking garage and building remodel;
3. that landscaping be provided in planters on the south wall of the
parking garage and planted with materials which will soften the
face of that wall of the structure, the developer/property owner
shall maintain all landscaping on site and final landscape and
irrigation plans including plant materials shall be approved by the
Parks Department prior to issuing a building permit;
4. that any change in usage of the floor areas of this building or the
parking structure shall require application to the Planning
Department and amendment to this use permit, including storage of
new or used cars in the parking structure;
5. that new jobs for businesses located in this building shall be
advertised in local newspapers to keep relocation to a minimum;
6. that the applicant shall pay 25% of the cost of signalization,
coordination and direct intersection improvements at the Carolan/
Broadway project intersection;
7. that the developer shall pay all city required site development
fees including the bayfront development fee;
8., that the improvements to the remodeling of the building shall
include modifications to reduce interior noise levels to 25 dB on
the south side of the building and 20 dB on all other sides of the
main structure, and shall provide a mechanical ventilation system
or air conditioning system;
9. that a written seismic evaluation shall be submitted with building
plans including structural analysis confirming seismic safety; and
10. that parking for construction workers shall be provided in a small
lot on the site or within the existing building.
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Burlingame Planning Commission Minutes September 10, 1985
Motion approved on a 4-1 roll call vote, C. Jacobs dissenting, C. Giomi
absent, C. Taylor not voting.
C. Graham found there were exceptional circumstances for Variance A
(89% lot coverage) in that the applicant is adding parking far in
excess of what is required which will help the street in future and
will benefit the city, that the variance is necessary for the proposed
use of car sales to have a parking structure and that it would not
adversely affect the zoning plan of the city. He found exceptional
circumstances for Variance B (0' front setback) in that the existing
building is built to front property line and can't be moved, the
parking structure is at the rear of the lot. He found exceptional
circumstances for Variance C (variance to required landscaping
requirements) in that the existing structure is built to property line
in the front and no landscaping provided, the addition is built 8' into
the remainder of the front setback, a portion of the remaining front
setback will be landscaped, and the applicant will soften the structure
along the railroad tracks with planters.
C. Graham moved for approval of the three variances and for adoption of
Commission Resolution Approving Special Permits and Variances with the
previously listed conditions. Motion approved on a 4-1 roll call vote,
C. Jacobs dissenting, C. Giomi absent, C. Taylor not voting. Appeal
procedures were advised.
PLANNER REPORTS
CP Monroe reviewed Council actions at its September 3, 1985 meeting.
ADJOURNMENT
The meeting adjourned at 11:25 P.M.
Respectfully submitted,
Robert J. Leahy
Secretary